This agreement sets forth the terms and conditions governing your Account at azafx.com. In consideration of AZAFX agreeing to carry one or more accounts of the undersigned (hereinafter referred to as the “customer”) and to provide services to Client in connection with the purchase and sale of currencies of every nature and kind foreign exchange contracts and any similar instruments (collectively referred to as “Forex Contracts”), which may be purchased or sold by or through AZAFX for Client’s accounts(s), Client agrees as follows:
1. REPRESENTATIONS AND WARRANTIES
As of the date hereof, the date of each Contract and other transaction in Customer’s Account and any date on which AZAFX’s Risk Disclosure Statement or Trading Policies and Procedures are revised, updated or amended, Customer represents and warrants to azafx.com and agrees for the benefit of azafx.com that:
1.1. Customer has full beneficial ownership of Customer’s Account. Customer has not granted and will not grant a security interest in Customer’s Account with AZAFX (other than the security interest granted to azafx.com here under) to any person without AZAFX’s prior written consent. Customer has full beneficial ownership of all collateral and will not grant any security interest in any Collateral to any person (other than the security interest granted to AZAfx.com here under) without AZAFX’s prior written consent.
1.2. Customer will execute and deliver all documents, give all notices, make all filings and take such other actions as azafx.com, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of azafx.com or to protect AZAFX’s interests with respect to any Collateral.
1.3. Customer has read and understands the provisions contained in this Agreement, including, without limitation, AZAFX’s Risk Disclosure Statement and Trading Policies and Procedures, customer will review the Agreement each time it is amended. Customer will not affect any Opening Transaction in Customer’s Account unless Customer understands azafx.com’s revised Agreement, and Customer agrees that in effecting any Opening Transaction it is deemed to represent that it has read and understands AZAFX.com’s revised Agreement as in effect at the time of such Opening Transaction.
1.4. Customer agrees to comply with all applicable law. You may not use your personal account with AZAFX for any illegal activity.
1.5. All information provided by Customer to AZAFX, including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete, and Customer will notify azafx.com promptly of any changes in such information.
2. AUTHORIZATION TO TRADE
AZAFX is hereby authorized to purchase and sell Forex Contracts for Client’s account(s) in accordance with Client’s oral, Cross Currency Contracts on a spot basis for Customer’s Account in accordance with Customer’s instructions received through the AZAFX MetaTrader Online Trading System or via telephone to the AZAFX Trading Desk. Customer agrees to be conclusively responsible for any instruction received electronically that is identified with Customer’s password and Account number and for any electronic, oral and written instruction (including, but limited to, any Order) to azafx.com from persons azafx.com, in its sole judgment, believes are apparently authorized by Customer.
2.1 azafx.com will make available, by posting on the AZAFX MetaTrader Online Trading System or by telephoning the azafx.com Trading Desk, Bid Prices and Ask Prices at which azafx.com is prepared to enter Foreign Currency Contracts or Cross Currency Contracts with Customer. AZAFX expects that these prices will be reasonably related to the bid prices and ask prices available in the market at that time for similar transactions, but a number of factors, such as communication system delays, high volume or volatility can result in deviations between prices quoted by AZAFX and other sources. AZAFX makes no warranty, express or implied, that Bid Prices and Ask Prices represent prevailing bid prices and ask prices.
2.2 AZAFX will attempt to execute all Orders that it may, in its sole discretion, accept from Customer in accordance with Customer’s instructions received through the AZAFX MetaTrader Online Trading System or via telephone to the AZAFX Trading Desk
2.3 AZAFX retains the right to limit the amount and/or total number of open positions that Client may acquire or maintain at AZAFX. AZAFX reserves the right to refuse to accept any order. AZAFX shall have no responsibility for delays in the transmission of orders due to disruption, failure or malfunction of communications facilities and shall not be liable for any claims, losses, damages, costs or expenses.
3. MARGIN AND DEPOSIT REQUIREMENTS
Customer shall deposit with AZAFX or margin in such amounts that AZAFX may require. Customer agrees to deposit by immediate wire transfer such additional margin when and as required by AZAFX and will promptly meet all margin calls by such methods as AZAFX in its sole discretion designates. AZAFX may change Margin requirements at any time, without prior notice to Customer, and may call for additional Margin (“Margin Call”) at any time Customer’s Margin Balance falls below AZAFX’s Minimum Margin Requirement. Margin calls are conclusive and binding unless objected to immediately in writing.
4. SETTLEMENT DATE AND ROLLOVERS
In the absence of contrary instructions from Client, AZAFX is authorized, in its absolute discretion, to rollover or offset all or any portion of the positions in Client’s Account(s) at Client’s risk in advance of settlement dates. A position carried forward may be credited or debited interest charges until the position is closed.
5. LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES
In the event of: (a) the death or judicial declaration of incompetence of Client, (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Client, (c) insufficient margin, (d) Client’s failure to provide AZAFX any information requested pursuant to this agreement, or (e) any other circumstances or developments that AZAFX deems appropriate for its protection. AZAFX may, take one or more, or any portion, of the following actions: (1) satisfy any obligation Customer may have to AZAFX out of any of Customer’s funds; (2) sell or purchase any or all Forex Contracts, securities or property held or carried for Client; and (3) cancel any or all outstanding Orders or Contracts or other transactions or commitments made by or on behalf of Customer. Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Client, Customer’s legal representatives, heirs, executor, administrator, trustee, legatee, successors or assigns and regardless of whether the ownership interest is held individually or jointly with others. In liquidation of Customer’s Long Positions and Short Positions, AZAfx.com may, in its sole discretion, offset in the same settlement or it may initiate new Long Positions or Short Positions in order to establish a spread or straddle that in AZAFX’s sole judgment may be advisable to protect or reduce existing positions in Customer’s Account. Any sales or purchases here under may be made at AZAFX’s discretion with any inter-bank or other market where such business is then usually transacted or at a public auction or private sale, and AZAFX may purchase the whole or any part thereof free from any right of redemption. Client shall at all times be liable for the payment of any deficit balance in Client’s account(s) upon demand by AZAFX and in all cases, Client shall be liable for any deficiency remaining in Client’s account(s) in the event of the liquidation thereof in whole or in part by AZAFX or by Client. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all obligations and liabilities of Client owed to AZAFX, Client shall promptly pay upon demand, the deficit together with interest thereon at a rate equal to three points above the then prevailing prime rate at AZAFX’s principal bank or the maximum interest rate allowed by law, whichever is lower. Client agrees to pay and shall be liable for all reasonable costs and expenses of collection, including but not limited to, attorney’s fees, witness fees and travel expenses. In the event AZAFX incurs expenses other than for the collection of deficits, with respect to any of Client’s account(s), Client agrees to pay such expenses.
6. SETTLEMENT DATE OFFSET INSTRUCTIONS
Offset instructions on Forex positions must be given to AZAFX at least one (1) business day prior to the settlement or value day. Alternatively, sufficient funds to take delivery or the necessary delivery documents must be in the possession of AZAFX within at least one (1) business day prior to the settlement. If the settlement instructions, funds or settlement documents are not received, AZAFX may without notice, either offset Client’s position or roll Client’s position into the next settlement time period or make or receive delivery on behalf of Client upon such terms and by such methods deemed reasonable by AZAFX in its sole discretion.
Client shall pay such brokerage, commission and special service and all incidental banking-related fees such as wire charges for deposits/withdrawals and returned check fees and inactivity fees. All such charges shall be paid by Client as incurred and deducted from Client’s account
8. MONTHLY STATEMENTS AND CONFIRMATIONS
Transaction confirmations of orders and monthly statements of account for Client shall be deemed correct and shall be conclusive and binding upon Client if not objected to immediately upon receipt and confirmed in writing within (1) business day after transmittal to Client by e-mail, internet access or otherwise. Written objections on Client’s part must be sent by e-mail to firstname.lastname@example.org.
Client hereby authorizes AZAFX to transmit to Client all transaction confirmations and monthly statements of account activity, funds and positions by facsimile transmission, e-mail, internet access or otherwise to such e-mail address as Client designates on the client application, or as Client designates from time to time in writing addressed to AZAFX. This authorization shall be perpetual, unless changed or revoked in writing by Client and addressed to AZAFX.
10. AZAFX RESPONSIBILITIES
AZAFX will not be responsible for delays in the transmission of orders due to a breakdown or failure of transmission or communication facilities, electrical power outage or for any other cause beyond AZAFX’s control or anticipation. AZAFX shall only be liable for its actions directly attributable to negligence, willful default or fraud on the part of AZAFX. AZAFX shall not be liable for losses arising from the default of any agent or any other party used by AZAFX under this agreement.
11. SCALPING RULES
Scalping technique less than two minutes is prohibited, all posts are require to be held at least two minutes or longer. Penalty may cause profits and rebates to be forfeited.
12. DECEITFUL OR FRAUDULENCE ACTIVITY
Any indication or suspicion of fraud, manipulation, cash-back arbitrage, or other forms of deceitful or fraudulent activity in an Eligible Client’s live Mini or Standard Account(s) with AZAFX or otherwise related or connected to any AZAFX Bonus / Promotion will nullify all previously credited bonuses of the Eligible Client’s live Mini or Standard Accounts with AZAFX and/or any and all transactions carried and/or profits or losses garnered therein. In these circumstances, AZAFX reserves the right, at its sole discretion to close/suspension (temporarily or permanently) all such Eligible Client’s live Mini or Standard Accounts with AZAFX, cancel all orders and annul all profits of such participant. In these circumstances, AZAFX shall not be liable for any consequences of the bonus cancelation, including, but not limited to, order(s) closure by StopOut.
13. CURRENCY FLUCTUATION RISK
If client directs AZAFX to enter into any currency transaction: (a) any profit or loss arising as a result of a fluctuation in the exchange rate affecting such currency will be entirely for client’s account and risk; (b) all initial and subsequent deposits for margin purposes shall be made in U.S. dollars, in such amounts as AZAFX may in its sole discretion require; and (c) AZAFX is authorized to convert funds in Trader’s account for margin into and from such foreign currency at a rate of exchange determined by AZAFX in its sole discretion on the basis of the then prevailing money market rates.
14. CURRENCY ACKNOWLEDGEMENT
Client acknowledges that investments in leveraged and non-leveraged transactions are speculative, involve a high degree of risk, and are appropriate only for persons who can assume risk of loss in excess of their margin deposit to carry Forex positions and may result in significant losses that substantially exceed Client’s investment and margin deposit. Client represents and warrants to AZAFX that Client is willing and able, financially and otherwise, to assume the risk of trading in Forex transactions, and in consideration of AZAFX’s carrying his/her account(s), Client agrees not to hold AZAFX responsible for losses incurred through trading. Client acknowledges that Client has received no such guarantees from AZAFX or from any of its introducing or referring agents or other entities with whom Client is conducting his/her AZAFX account and has not entered into this Agreement in consideration of or in reliance upon any such guarantees or similar.
15. DISCLOSURE OF FINANCIAL INFORMATION
The client represents and warrants that the financial information disclosed to AZAFX in this document is an accurate representation of the client’s current financial condition. Client has very carefully considered the portion of the Client’s assets which the Client considers to be risk capital available for investment in Forex Contracts.
16. NO GUARANTEES
Client acknowledges that Client has no separate agreement with AZAFX or any AZAFX employee or agent regarding the trading in Client’s AZAFX account, including any agreement to guarantee profits or limit losses in Client’s account.
17. NO WAIVER OR AMENDMENT
No provision of this Agreement may be waived or amended unless the waiver or amendment is in writing and signed by both Client and an authorized officer of AZAFX. No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by AZAFX or its agents to assert its rights under this Agreement on any occasion or series of occasions.
18. INDEMNITY AND LIMITATION OF LIABILITY
The Client hereby agrees to indemnify against all losses, expenses, costs (including legal costs), and liabilities whatsoever which arise, directly or indirectly, as a result of AZAFX’s proper performance of its obligations, or the enforcement of its rights pursuant to these Conditions, or by reason of any breach by the Client of this Agreement. These indemnities shall be in addition to any other right, indemnity or claim which AZAFX may have under this Agreement or the general law and shall not be affected by any variation or limitation of this Agreement. These indemnities shall survive termination of this Agreement.
This Agreement shall continue and be in effect until termination by client or AZAFX. Customer may terminate this Agreement if: (a) client has no open Foreign Currency positions and no liability held by or owed to AZAFX and (b) client has provided three (3) days written notice to AZAFX by e-mail. Termination by either party shall not affect any contracts or other transaction previously entered into.
20. BINDING EFFECT
This Agreement shall be continuous and shall cover, individually and collectively, all accounts of Client at any time opened or reopened with AZAFX irrespective of any change at any time in the personnel of AZAFX or its successors, affiliates or assigns. This Agreement including all authorizations, shall inure to the benefit of AZAFX and its successors and assigns, whether by merger, consolidation or otherwise, and shall be binding upon Client and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of Client. Client hereby ratifies all transactions with AZAFX affected prior to the date of this Agreement, and agrees that the rights and obligations of Client in respect thereto shall be governed by the terms of this Agreement.